(a) Interference with custody is committed when a person:

1. (1) Knowingly and without lawful authority takes, entices, or keeps a minor away from any person entitled by court order or decree to the right of custody of the minor;
2. (2) Accepts physical custody (for any length of time) of a minor who was removed from their custody or has care, supervision, or custody of a minor removed from their custody pursuant to or arising from a dependency-neglect action;
3. (3) Who has been awarded custody or granted adoption/guardianship of a minor places the minor in the care of any person from whom the minor was removed or any person whom the court has ordered not to have care, supervision, or custody of the minor; or

4. (4) Knowingly and without lawful authority takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take or entice any minor from the custody of any:

   1. (A) Parent or guardian of the minor, including an unmarried woman with legal custody of an illegitimate child;
   2. (B) Public agency with lawful charge of the minor;
   3. (C) Parent, guardian, or lawful custodian while the custodian and minor are housed at a shelter; and
   4. (D) Any other lawful custodian.

(b)

1. (1) Prior to serving a warrant for arrest on a person charged with interference with custody, law enforcement will inform the Division of Children and Family Services of the circumstances of any minor involved.
2. (2) The division will provide a representative, upon request, to accompany the arresting officer to take the minor into temporary custody pending further court proceedings.

(c)

1. (1) A court of competent jurisdiction will determine the immediate custodial placement of the minor pursuant to the division’s petition.
2. (2) The court will give immediate custodial placement to the lawful custodian if that person is present before the court.

3. (3) The court will determine if there is probable cause that the minor may be:

   1. (A) Removed from the jurisdiction of the court;
   2. (B) Abandoned; or
   3. (C) Outside the immediate supervision or care of the lawful custodian.